How to avoid and detect Elder Fraud: A guide for older people, carers and relatives

Elder abuse is a problem in western cultures world-wide. There are many forms of abuse ranging from neglect to physical abuse, and within that range is financial fraud. Elder fraud can take many forms and we’ll focus on the type of fraud that primarily uses the internet in this article.

Seniors are disproportionately targeted as victims for fraud. The AARP (formerly the American Association of Retired People) found that while only 35 percent of the American population is over 50 years old, fraud victims over 50 accounted for 57 percent of all fraud. 

It’s difficult to obtain numbers on how large a problem elder fraud is world-wide. Different organizations calculate numbers in different ways and also define fraud differently. All we can be sure of is that billions of dollars are lost each year to criminals preying on elder citizens.

Fraud and the internet: a backgrounder

Fraudsters play a numbers game. They know that most of their attempts to con people won’t work, but they also know that some will. To succeed, the con-man has to make as many tries as possible. Going door-to-door attempting to scam people has low odds because it takes a long time and it’s only possible to hit so many doors in a day. Also, once a scam succeeds, the con-man has to high-tail it out of town before getting caught. Then, find another town and start all over.

The internet removed all those problems for fraudsters. They can now sit in the comfort of their own home, possibly countries away, and through the use of spam email attempt to con thousands of people per day, every day.

Elder fraud is a specific type of fraud aimed at seniors. The most common way that seniors are targeted over the internet is through email. General phishing techniques are used against a large number of email addresses with content aimed at seniors. Content aimed at seniors usually falls into these categories:

1. Medication
2. Financial support with regards to home equity or retirement savings
3. Friendship or camaraderie

From responses to that general attack, more targeted spear phishing can take place in an attempt to defraud specific individuals.

Why are elders targeted?

The problems that plague humanity are fairly steady throughout life. We all want to be safe, warm, fed, loved, and financially secure. Very few people have all of those things all the time, and in our elder years the absence of some of those things can converge into a pattern.

It’s easier to phish people if you know what their problems are. A general phishing attack may use low mortgage rates, as an example. At any given time there are millions of people looking for mortgages but there are billions who are not and don’t care about the mortgage email. Seniors, on the other hand, tend to have a smaller pool of things that are of greater concern. As a population, things like medication costs, proper health care coverage, financial security as retirement funds run out, and providing for loved ones left behind tend to get more attention. It’s therefore easier to craft phishing emails about a small number of subjects that a large percentage of a population is likely to be interested in.

Other reasons may include the fact that many seniors are isolated and therefore have nobody they can trust to run ideas by. Email did not become widely affordable to households until the 1990s in Canada and wasn’t a daily communications mechanism until after that. Anyone over about 30 today has memories of a world without internet and our seniors would have spent most of their lives without it. That can lead to confusion over how reliable email is, and how much trust to assign it.

It’s also not uncommon to experience some level of diminished mental capacity as we age. That can tax our decision-making abilities to the limit and lead to bad decisions.

Common types of elder fraud

A surprisingly sad statistic is that a good chunk of elder fraud is committed by family members or caregivers. The North American Securities Administrators Association reports that 23% of elder fraud causes in 2015 were committed by family members, trustees, or people with powers of attorney.
Generally, those types of fraud are not committed over the internet since the parties are already known to each other. However, that doesn’t mean other types of fraud don’t exist – this body shop owner has been charged with defrauding elderly clients for car restoration jobs. Some of the more common internet scams take the following forms:

Monetary scams

Monetary scams aimed at elders are attractive to criminals for two diametrically opposed reasons. On one hand, many seniors are living on fixed and inadequate incomes and could use more money to live on. On the other hand, many seniors have sizable nest eggs and large amounts of equity in their houses so they can get their hands on a lot of money. The most insidious scams play both angles.

Fraudulent investment or insurance schemes seek to bilk money out of people with the promise of some greater reward down the road. While it can be grisly to consider at the time, it is always important to think of how much time is left for an investment to mature. By and large, elder people would be looking at short-term investments and there are very few legitimate lucrative short-term investments. The insurance scam plays the other angle – there is no concept of pulling any money out of the insurance policy. Rather, heart strings are played upon to invest money for those left behind.

In some cases, the insurance agent actually is a legitimately licensed insurance agent, but is still trying to commit fraud against the elderly. David Pickett, as US-based insurance agent, has been arrested 3 times for fraud.

A sub-class of this type of fraud involves offers to lend money that seem too good to be true. These types of scams are usually complicated to figure out because it’s hard to believe someone can fraudulently give someone else money. A complex example of this is the reverse mortgage system that exists in some countries. In a reverse mortgage situation, elder homeowners with significant equity in their property can opt to take a chunk of money for the estimated value of their house at the time they pass on or willingly move. At that time, the lender takes possession of the house and the debt is paid. The danger lies in that the principal plus the interest over time can end up being more than the house is worth.

In some countries, such as Canada, only 55 percent of the value of the property can be reversed mortgaged. That is to hedge against the possibility of the loan exceeding the value of the property when the debt is repaid. Some mortgage bloggers state that the value of the loan is not allowed to exceed the value of the property, but neither the government of Canada site, nor the single authorized reverse mortgage lender in the country (HomEquity Bank) confirm that. It’s harder to find concrete information on reverse mortgages in other countries. In the U.S., for example, the borrower’s estate generally does not have to pay any excess of the balance over the property value, but legislation enforcing that isn’t readily available. Reverse mortgages are not inherently fraudulent, but if the industry is not tightly controlled in your country, be sure to obtain sound third-party financial and legal advice beforehand.

Lottery scams are targeted at people of all ages and elder people are no exception. The basic framework of a lottery or sweepstakes scam is to tell the victim they’ve won a large prize of some kind, but some smaller amount of money has to be paid in order to claim the prize. The money to be paid is usually attributed to non-existent things like “international transfer fees” or something equally silly. It is safe to say that if you’ve never entered a lottery, you can’t win it, so claims like this out of the blue are a red flag. Legitimate lotteries are tightly regulated to ensure there is no fraud. It is extremely unlikely that a real lottery organization would contact the winner by email to begin with.  (Click to Continue) 

Full Article & Source:
How to avoid and detect Elder Fraud: A guide for older people, carers and relatives

News 2 I-Team: Court controls hundreds of peoples’ money

A Lowcountry family called the I-Team furious because their bank account was drained and they were informed they had to ask for permission to spend any money.

When the courts take control of your finances it's called a conservatorship. Courts often intervene when a judge deems a person incapacitated.

The Case of Benjamin Bennett
 
Benjamin Bennett’s money was placed in a conservatorship last November after his doctor referred him to the Mt. Pleasant Police Department Senior Advocate. That Senior Advcate referred the Bennetts to Probate Court for the court to start a conservatorship. Bennett says now he can't tithe, take a vacation, or fix his roof without permission from the court.

“It's my money I worked my whole life for,” Bennett told the I-Team.

His daughter, Melissa, called the I-Team saying the problem started after her father’s doctor recommended the conservatorship to protect Mr. Bennett. Bennett recently sold land for a large sum of money. According to the doctor's report, Bennett showed signs of dementia and had voiced concerns about having so much money in the bank.

“They pay like six people to take care of you, but you don't even know the six people,” Melissa Bennett explained. “They are strangers.”

Melissa says with eight other siblings, the family is equipped the handle her parents' affairs. According to court and police reports on the case, there had been no signs of mistreatment or mismanagement of the Bennett’s money. Mr. Bennett's wife of 60 years, Ida, is his court appointed guardian, but even she can't access their retirement.

“I've never been through nothing like this in my whole life,” Mrs. Bennett said.

Court Appointed Control
 
The court appointed Iris Albright's team at Family Services to oversee the finances.

“The role of the conservator is to protect the assets of the individual,” Albright explained.

She says her team invests the money and sets a budget for the person they are appointed to help. Albright says conservatorships are designed to intervene in cases where family members can't agree on spending or when there isn't anyone else to help.

According to court records, there are 451 adults under a conservatorship in Charleston County. Court records show 37% of conservatorships are managed by a third-party versus a family member. A family member is always the first choice to handle a conservatorship, but there's a catch. They have to be backed with a bond or insurance. It can be very difficult to secure for family members without deep pockets.

Fewer than one percent of cases are dissolved by the court each year. The typical case is an accident case where the person is in intensive care then regains capacity. That means 99% of cases are dissolved only after a ward dies.

“Most individuals have some form of dementia and the person does not regain their capacity,” Probate Judge Irvin Condon explained via email. He's barred from speaking about any cases publicly, including the Bennett's case. He declined a taped interview on the topic of conservatorships.

Mounting Fees

The Bennett family fears several people including the courts, lawyers, doctors, and Family Services are making money off handling the Bennett's case.

Family Services is a non-profit organization, but doe collect a fee to manage money for wards.

Judge Condon sets the fees. He capped lawyer fees at $200 per hour. Doctors collect between $450 and $1,200 for exams. Social workers earn $275 to $300 for exams. Conservators collect roughly one percent of the money they manage each quarter. For the Bennett family, with roughly $500,000 in the account, that's $5,000 every three months.

Their case is expected to be back in court by the end of October to determine if the court needs to continue the conservatorship.

Planning for the future

To avoid the court interventions, Judge Condon recommends establishing a Last Will and Testament, a Declaration of Desire for Natural Death (otherwise known as a Living Will), a Durable Power of Attorney for Healthcare, and a Durable Power of Attorney for Business Affairs. Having the Durable Power of Attorney and the Health Care Power of Attorney would allow a family to bypass the Conservatorship/Guardianship procedures.

As a public service, Charleston County and Judge Condon provide the statutory Living Will and Health Care Power of Attorney. If you need these documents contact the court here.

Full Article & Source:
News 2 I-Team: Court controls hundreds of peoples’ money

Seniors suffer the most after natural disasters

In times of disaster, there are consequences that are obvious, such as loss of property and dramatic loss of life. However, there are also unseen consequences that, if left untreated, can prove just as fatal. Unfortunately, the recent horrific Hurricanes Harvey and Irma have recently disrupted the lives of millions of people and our thoughts are with them as they cope with these devastating events.

It’s essential that we work to understand what people of all ages face following disaster, as well as the unique needs of more vulnerable populations.

On Wednesday, Sept. 20, the Senate Special Committee on Aging will conduct a hearing focusing on the impact of these disasters on older adults. One such impact is that older adults become more prone to clinical malnutrition and health complications when access to food, particularly special diets, is interrupted through evacuations — and these vulnerable seniors are supposed to bring weeks’ worth of food with them when they leave.

In fact, the Centers for Disease Control and Prevention says, “Because Florida is so prone to hurricanes, its Department of Health recommends that older adults living in the state pack a 30-day supply of medication and a two-week supply of special diet foods or supplements when a hurricane is expected.”

This important Senate hearing will be held during Malnutrition Awareness Week, sponsored by the American Society of Parenteral and Enteral Nutrition (ASPEN). The simple fact is, malnutrition among older adults is a growing threat to their quality and quantity of life, whether they are in a crisis or not. It is a problem that impacts both community-dwelling and hospitalized older adults.

It is estimated that up to one out of two older adults are at risk of malnutrition — and it’s estimated that disease-associated malnutrition in older adults costs $51 billion annually. Although strides have been made, critical gaps remain in diagnosing and treating the condition. ASPEN estimates that “10 hospitalized patients with malnutrition continue to go undiagnosed every 60 seconds.” We also know that malnutrition increases the length of hospital stays and increases the risk of falls, contributing to readmission.

The Defeat Malnutrition Today coalition and Avalere Health earlier this year released the National Blueprint: Achieving Quality Malnutrition Care for Older Adults. It was referenced at another hearing of the Senate Special Committee on Aging focused on nutrition and older adults. It identifies the four steps which, if adopted, can help improve older adult malnutrition care:

 Screen all patients

 Assess nutritional status

 Diagnose malnutrition if present

 Intervene with appropriate nutrition care

One must take seriously the emerging threats to the well-being of older adults: hunger and food insecurity, chronic disease and disability, and social and mental health challenges, and that the results of these conditions can be malnutrition. There are solutions, both regulatory and legislative, which are being developed.

Through regulations, the Centers for Medicare and Medicaid Services (CMS) should add malnutrition electronic clinical quality measures to the current quality measure set. These measures have been proposed and CMS has already acknowledged the need for these measures.

Through legislation, in addition to providing full funding for all federal programs providing food and nutrition education to older adults, we need to work to ensure the nutrient quality of food provided with federal funds and that national health surveys include malnutrition measures.

We can act in this session of Congress. The Farm Bill is up for reauthorization next year, and the Older Americans Act reauthorization from 2016 is still being implemented. These pieces of legislation contain almost all the nutrition programs that serve older adults. We should make sure they’re fully funded and helping older adults maintain the nutrients they need as well as identifying older adults at risk for malnutrition.

By observing and acting during Malnutrition Awareness Week, we help to reinforce the obvious point that good nutrition is essential to better health. Whether dealing with a natural disaster or not, maintaining older adults’ nutritional status should always be a top priority.

Full Article & Source:
Seniors suffer the most after natural disasters

Family: Veteran died from nursing home neglect

A Seymour family is demanding answers after they say their loved one died as a result of nursing home neglect.

Tim Johnson died in a Columbus hospital Oct. 11, 2014, at the age of 43 as a result of sepsis and cardiac arrest after spending four years at the Seymour Crossing nursing home.

“You put your loved one in there and you expect them to be taken care of,” said Rebekah Klaus, Johnson's sister.

State inspection reports and police records obtained by Call 6 Investigates raise questions about whether the nursing home adequately cared for Johnson.

Klaus tries to remember her brother, a Navy veteran, for how he lived, not how he died.

“He loved his daughter, he loved his family, he loved animals, he loved life in general,” said Klaus.

Tim Johnson battled rheumatoid arthritis and other health issues, and spent the last four years of his life in Seymour Crossing.

“He couldn’t walk, that’s the reason he was at the Crossing,” said Klaus. “His knees wouldn’t go.”

Following the death of Johnson, the Indiana State Department of Health/federal Centers for Medicare & Medicaid Services (CMS) conducted an investigation and inspection at Seymour Crossing on November 3, 5 and 6, 2014.

The report shows on October 4, a staffer went to check on Johnson and found him lethargic, disoriented, whimpering and saying ‘please.’

Johnson ended up in the hospital with sores and wounds on his body.

The state/federal report said an Intensive Care Unit nurse at the hospital noted Johnson was unkempt, unclean and had a very strong smell.

“(The right arm dressing) was saturated and foul…smelled like it had been there a while and we were all wearing masks,” an ICU nurse told investigators.

Johnson’s family took pictures of the wounds, too graphic to show, including one on his right arm so deep it went down to the bone and muscle.

“I became infuriated,” said Johnson’s 15-year-old daughter, Sydney. “They didn’t care for him the way they should have.”

Johnson developed an infection complication known as sepsis, went into cardiac arrest, and was taken off life support at the age of 43.

“I have cried every single day for a year,” said Klaus. “I still look at those pictures. I still go out to that graveyard every day and it haunts me.”

Klaus and Sydney Johnson said they never noticed a wound on Tim’s arm because he was wearing a gown in his final weeks at the nursing home.

“He was constantly wearing a gown,” said Klaus. “I feel like there was more that I could do.”

Johnson’s family members said because they suspected he wasn’t getting adequate care, they tried to find another place to take him, but it was difficult to find another facility close by that accepted Medicaid.

State/federal records show the dressing on Johnson’s arm wound had not been changed since September 26, a week before he ended up in the hospital, on October 4.

Previously, the dressings were changed every Tuesday and Friday, records show.

According to the inspection report, the nursing home’s wound nurse was not following protocol, and ordered Johnson’s wound treatment to be discontinued.

“It’s abuse and neglect,” said Klaus.

The wound nurse is no longer with the facility, according to the Seymour Police Department report.

The Jackson County Prosecutor has decided not to file criminal charges in the death of Tim Johnson.

“We did receive an investigation from Seymour Police Department, as well as from the Office of the Indiana Attorney General,” said Amy Marie Travis, Jackson County Prosecutor, in an email to Call 6 Investigates. “Neither entity found evidence to support the filing of criminal charges in this matter and did not recommend charges. My office did an independent review of the matter and did not find probable cause to file criminal charges.”

Johnson’s family is disappointed.

“I won’t have someone to walk me down the aisle on my wedding day, and I won’t have someone to look up to the rest of my life,” said Sydney Johnson, daughter of Tim Johnson. “It infuriates me that somebody did this to him and made us go through all this pain and suffering and they’re not going to be punished for it.”

The state/federal investigation found Seymour Crossing failed to provide necessary care and services, and noted a deficiency in “Provide Care/Services for Highest Well Being.”  (Continue Reading)

Full Article & Source:
Family: Veteran died from nursing home neglect

News 2 I-Team: Court controls hundreds of people's money

A Lowcountry family called the I-Team furious because their bank account was drained and they were informed  they had to ask for permission to spend any money.

When the courts take control of your finances it's called a conservatorship. Courts often intervene when a judge deems a person incapacitated.

Benjamin Bennett's money was placed in a conservatorship last November after his doctor referred him to the Mt. Pleasant Police Department Senior Advocate. That Senior Advcate referred the Bennetts to Probate Court for the court to start a conservatorship.  Bennett says now he can't tithe, take a vacation, or fix his roof without permission from the court.

"It's my money I worked my whole life for," Bennett told the I-Team.

His daughter, Melissa, called the I-Team saying the problem started after her father's doctor recommended the conservatorship to protect Mr. Bennett.  Bennett recently sold land for a large sum of money. According to the doctor's report, Bennett showed signs of dementia and had voiced concerns about having so much money in the bank.

"They pay like six people to take care of you, but you don't even know the six people," Melissa Bennett explained. "They are strangers."

Melissa says with eight other siblings, the family is equipped the handle her parents' affairs. According to court and police reports on the case, there had been no signs of mistreatment or mismanagement of the Bennett's money.  Mr. Bennett's wife of 60 years, Ida, is his court appointed guardian, but even she can't access their retirement.

"I've never been through nothing like this in my whole life," Mrs. Bennett said.

The court appointed Iris Albright's team at Family Services to oversee the finances.

"The role of the conservator is to protect the assets of the individual," Albright explained.

She says her team invests the money and sets a budget for the person they are appointed to help.  Albright says conservatorships are designed to intervene in cases where family members can't agree on spending or when there isn't anyone else to help.

According to court records, there are 451 adults under a conservatorship in Charleston County. Court records show 37% of conservatorships are managed by a third-party versus a family member.  A family member is always the first choice to handle a conservatorship, but there's a catch. They have to be backed with a bond or insurance.  It can be very difficult to secure for family members without deep pockets.

Fewer than one percent of cases are dissolved by the court each year. The typical case is an accident case where the person is in intensive care then regains capacity.  That means 99% of cases are dissolved only after a ward dies.

"Most individuals have some form of dementia and the person does not regain their capacity," Probate Judge Irvin Condon explained via email. He's barred from speaking about any cases publicly, including the Bennett's case.  He declined a taped interview on the topic of conservatorships.

The Bennett family fears several people including the courts, lawyers, doctors, and Family Services are making money off handling the Bennett's case.

Family Services is a non-profit organization, but doe collect a fee to manage money for wards.

Judge Condon sets the fees.  He capped lawyer fees at $200 per hour. Doctors collect between $450 and $1,200 for exams. Social workers earn $275 to $300 for exams. Conservators collect roughly one percent of the money they manage each quarter.   For the Bennett family, with roughly $500,000 in the account, that's $5,000 every three months.

Their case is expected to be back in court by the end of October to determine if the court needs to continue the conservatorship.

To avoid the court interventions, Judge Condon recommends establishing a Last Will and Testament, a Declaration of Desire for Natural Death (otherwise known as a Living Will), a Durable Power of Attorney for Healthcare, and a Durable Power of Attorney for Business Affairs. Having the Durable Power of Attorney and the Health Care Power of Attorney would allow a family to bypass the Conservatorship/Guardianship procedures. 

As a public service, Charleston County and Judge Condon provide the statutory Living Will and Health Care Power of Attorney. If you need these documents contact the court here.

Full Article & Source:
News 2 I-Team: Court controls hundreds of people's money

Jason Hanson Goes To Court

Federal Court Judge Rules In Favor Of Guardianship Abuse Victim

Overrules defendants 15 times, and remands case back to state court for an expedited trial

"You could feel the oxygen leave the room the moment Hanson rolled into court to take his place at the plaintiff's table."

Inside Vegas by Steve Miller
AmericanMafia.com
September 18, 2017

LAS VEGAS - On Friday morning, September 15, 2017, Jason Hanson made his first court appearance in an emotion charged exploitation lawsuit involving prominent Las Vegas attorneys, a disgraced private guardian, a defrocked judge, and the Clark County Public Administrator, all of whom are accused of conspiring to steal Hanson's inheritance and estate with the full cooperation of several Family Court judges.

Because of the logistics involved in transporting the 27 year old cerebral palsy victim to the Lloyd D. George Federal Courthouse in downtown Las Vegas, Hanson arrived at his hearing fifteen minutes late.  When Hanson arrived in court, you could hear a pin drop while two court bailiffs helped him make his way to his lawyer's side. When United States Federal Court Judge Jennifer A. Dorsey resumed hearing the arguments of the five attorneys representing defendants Francis Fine, Elyse Tyrell, Dara Goldsmith, Jared Shafer, and John Cahill, all eyes were focused on Hanson instead of paying attention to the jurist's pleas to keep the case in Federal Court, and dismiss all claims against each of their clients.

Hanson arrived several minutes after his attorney Jacob Hafter had finished his opening statement telling the court why he believed his client would be better served in state court.  Hafter explained that he originally filed the case in the lower court because matters move at a much faster pace there, and that juries need only to reach a majority decision in state court rather than being required to reach a unanimous verdict in the federal court system.

With his client now by his side, Hafter successfully argued that one of the defendants, Clark County Public Administrator John Cahill, purposefully filed a motion to move the case from state to federal court jurisdiction for the sole purpose of stalling the case to give advantages to the defense, and that his client Hanson seeks swifter justice based on his physical condition.

Defendant's attorneys Robert Hernquist, Thomas Dillard, Jason Smith, Terry Brian, and Steven Parsons each argued unsuccessfully to have the case remain in federal court, and that Hanson's initial complaint filed in July 2017 was time barred because he became of legal age in 2007, and should have filed his lawsuit then.

Hafter told the court that in 2007, Hanson twice asked Family Court Hearing Master Jon Norheim to appoint him an attorney, and was refused.  Hafter explained that Norheim twice told Hanson to file his request for an attorney in writing, but Hanson's physical limitations prohibited him from doing so. Hafter also told the court that Hanson was not aware his inheritance was being stolen until 2016 when he confronted Elyse Tyrell, one of his court appointed trustees, at a Nevada Supreme Court Guardianship Commission hearing, only then learning she had been holding a check for him for over nine years without his knowledge.  Attorney Hafter plead that the statute of limitations began running in 2016 when Hanson first learned of the fraud, not 2007 when Hanson turned 18 and had no idea he was being robbed.

Several days after the 2016 Guardianship Commission hearing where Hanson appeared on local TV news demanding to know what happened to his inheritance,  a mysterious check for $5,530.74 was delivered to Hanson's group home.  Tyrell told reporters that it represented the entire remaining proceeds from the sale of Hanson's late father's ADA equipped condominium in a Las Vegas gated community that Jared Shafer sold for only $47,000.  Tyrell tried to explain that over $40,000 was used to pay "fees" generated by Shafer and his attorneys to facilitate the condo's sale.

Prior to what was called a "fire sale," Clark County Public Administrator John Cahill appraised the 1,200 square foot unit for $170,000 and charged his fee accordingly, then Cahill obediently transferred the title to his colleague Jared Shafer who purportedly sold the unit for much less, hence Cahill's inclusion in Hanson's lawsuit.  Prior to Cahill's election, Shafer held the same Public Administrator position, and helped Cahill win election to succeed him.  Shafer owns Signs of Nevada, the outdoor advertising company used by most Nevada politicians - including family court judges - and is the man to see for inexpensive political signs around election time. 

Jared Shafer has been referred to as the "Mastermind" in other guardianship fraud cases based on his ability to help certain politicians and judges get elected and re-elected, the same judges who have consistently appointed him legal guardian over wealthy wards of the court.

In court, Jacob Hafter told the judge, "Since I became Mr. Hanson's attorney, I get calls all the time from other guardianship victims seeking my help. They say they were all abused or exploited by the same group of players and judges," as he peered at the cadre of five discouraged looking defense lawyers sitting to his left with two of their clients, Francis Fine and Dara Goldsmith (Tyrell, Shafer, and Cahill were not present).  Hafter then said he will only represent Jason Hanson, and his client could easily win a unanimous verdict today if he were called as a witness and personally allowed to tell his story to any jury.


Attorney Jacob Hafter

..
.
          Defendants: Francis Fine, Dara Goldsmith, Elyse Tyrell, Jared Shafer, John Cahill
                     (Click on image of Jared Shafer to view KTNV TV News video)


                         Click on image to view KTNV News video

Hearing all she needed to hear, Judge Dorsey ruled in favor of Hanson thereby fulfilling his request to remand his case back to state court and not honor the defendant's motions to dismiss their clients, or time bar the case.

After the hearing, a court observer told Inside Vegas, "Mr. Hanson attending the hearing made all the difference in the world. You could feel the oxygen leave the room the moment Hanson rolled into court to take his place at the plaintiff's table."

FULL LAWSUIT:
http://www.stevemiller4lasvegas.com/JasonsAmendedComplaintWithCorrectNRS1.pdf

MORE INFORMATION:
http://www.americanmafia.com/Inside_Vegas/7-24-17_Inside_Vegas.html
http://www.americanmafia.com/Inside_Vegas/2-1-16_Inside_Vegas.html
 
Full Article & Source:
Jason Hanson Goes To Court

See Also:
Steve Miller: Jason Hanson's Case May Have Been Compromised

Steve Miller: Jason Hanson Sues Jared Shafer And Others For Civil Racketeering, Fraud, And Embezzlement

Judges Don’t Have To Snitch On Their Boyfriends To Avoid Official Misconduct Charges

Carlia Brady

Good news for all jurists and prospective jurists out there — you can now date wanted criminals without having to drop a dime on them! Or at the very least, you can avoid official misconduct charges.

Have you heard about the curious case of New Jersey Superior Court Judge Carlia Brady? She was dating Jason Prontnicki, who just so happened to be wanted by authorities for armed robbery. Once Brady was informed the po po were after her BF, he visited her house twice. And Brady, well, she did nothing to inform police.

Judge Brady was indicted on official misconduct and hindering charges, and subsequently suspended from active duty. The trial court tossed the official misconduct charge, and now a New Jersey appellate court has agreed, as reported by Law.com:

The prosecution cited no authority to support “the contention that a judge has a nondiscretionary duty to enforce the order of another court, and it certainly has failed to demonstrate such a duty is ever present, obligating the judge to perform the duty wherever he or she may be, 24 hours a day, 365 days per year,” Judges Carmen Messano, Marianne Espinosa and Karen Suter ruled. Instead, the prosecution invited the grand jury to decide whether a Superior Court judge’s duties include enforcing an arrest warrant, the appeals court said. But the grand jury is “an accusatory and not an adjudicative body,” the panel said, and “the prosecutor must clearly and accurately explain the law to the grand jurors and not leave purely legal issues open to speculation by lay people who are simply performing their civic duty.”

So that’s the difference between Biglaw and being a judge. Biglaw expects you to be on the clock 24/7.

Unfortunately for Brady, she still has to face the hindering charges. The appellate panel believed letting Prontnicki into her home for multiple hours and providing him with a bag of clothes was enough to let those charges stand.

 Maybe this is really good news for the dating lives of judges. I mean, given their profession they pretty much hang around criminals and lawyers all day, and the latter option is too gnarly to contemplate.

Full Article & Source:
Judges Don’t Have To Snitch On Their Boyfriends To Avoid Official Misconduct Charges

Cockroaches caught on video at Pinellas County Assisted Living Facility

ST. PETERSBURG, Fla - Dozens of cockroaches where caught on camera creeping and crawling in a patient's room at a local assisted living facility, and it's not the first time the ALF has had problems with infestations.

“They're crawling up the wall, crawling up on me,” said Geri Cataraso, as she narrates video she shot inside a patient’s room at Bristol Court Assisted Living Facility in St. Petersburg. “We saw them all the time. There's just holes in the wall, where the roaches go through.”

She was visiting her friend John Maddox, a Navy veteran referred there by the VA, after he had a stroke.

“Look at the cockroach walking on the wall right behind where he's sleeping,” she said in one video clip. “25 years in the military, this is where you put him in?”

Maddox also lost 30 pounds in 90 days, she said.

The administrator didn't want to do an on camera interview, but she said that the ALF serves a unique population, including homeless people, who sometimes bring in pests like bedbugs and cockroaches on their shoes.

“That doesn't occur in an hour,” said attorney Jim Wilkes who reviewed the video.

He has sued hundreds of ALFs, including Bristol Court.

“If it's allowed to happen over and over again, the law says it's abuse. If it goes on for weeks and months, it's abuse,” said Wilkes.

Bristol Court claims an exterminator treats the home monthly, but state records say that wasn't always the case.

In 2015, the ALF was fined for failing to professionally treat a "known infestation of bedbugs” which sent residents to the hospital. That same year, an employee shaved seven residents' heads, including four women without proper consent, during a lice outbreak.

“If the person is being treated that way at home, protective services would come out, take them away and arrest the family,” said Wilkes.

There was an arrest of an employee at Bristol Court earlier this year. 20-year-old Alexis Williams was charged with two counts of video voyeurism. She was arrested for posting secretly-filmed videos of two residents having sex on Snapchat.

Maddox recently left Bristol Court, with help from Cataraso, his attorney and a professional guardian. He is now recovering at another facility.

Cataraso shared her videos with state investigators, hoping they'll force Bristol Court to take care of its problems.

“If more people would open their mouth to what they see, we could stop it,” she said.

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Cockroaches caught on video at Pinellas County Assisted Living Facility

Former Guardian Jailed After Missing Report Deadline

The former guardian of a Jefferson County widow is being held without bail until she accounts for hundreds of thousands of dollars advocates say is missing.

Laura Cooper, the former guardian of a Jefferson County widow, is in the Leon County Jail on contempt charges until she files a report for the judge.

Credit Leon County Jail

According to court documents, 43-year-old Laura Cooper of Clinton, Arkansas appeared in a Tallahassee courtroom on Tuesday to plead for more time to produce a guardianship report. 

 

But Leon Circuit Judge Robert Long ordered Cooper held without bond until she produces a report the court first demanded May 24th.

Advocates for Delores Caracci contend more than $400,000 in cash, real estate, and vehicles is missing from her estate.

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Former Guardian Jailed After Missing Report Deadline